SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under section 482 of the criminal Procedure Code, seeking discharge in Criminal Cases (R. C. C. No. 94/1995, R. C. C. No. 95/1995 and R. C. C. No. 96/1995) pending on file of learned chief Judicial Magistrate, Ahmednagar.

(2.) The applicant was attached to Gram Panchayat at village Shevgaon as a gram-Sevak. An Audit Inspection was conducted for period between 1983-84 to 1986-87. The Auditor noticed irregularities committed by the applicant in maintaining the office record. It was observed by the Auditor that during the relevant period, the applicant committed criminal misappropriation of funds to the tune of Rs. 16,435. 55 ps. . in collusion with other office bearers of the village panchayat. He was served with a notice dated 13-3-1989 issued by the Block development Officer. He was called upon to deposit the amount allegedly misappropriated and unaccounted. He deposited the said amount on 15-4-1989. The village-Panchayat resolved, on 9th May, 1989, that the irregularities found in the accounting may be deemed as regularized and the lapses were condoned. The applicant was suspended from service in contemplation of a departmental inquiry. Thereafter on 5-5-1990, the F. I. R. was lodged against him in respect of the temporary misappropriation. The police charge-sheeted him after certain investigation.

(3.) Heard learned advocate for the applicant and learned A. P. P.